DISCLAIMER & PRIVACY POLICY
Effective Date: April 9, 2020
This disclaimer and privacy policy (“Terms”) applies to your use of the services made publicly available by Urban Wellness (“we”, “us” “ours” and similar terms) through our website, such as information, articles, free courses and content, and paid group/public courses (“Content”). These Terms do not apply to the one-on-one services or treatment we offer in person or online, which are governed by a separate contract.
Urban Wellness is a sole proprietorship registered in the Province of Ontario, Canada. These Terms are a legal contract between you and Urban Wellness, which you accept by using the Content.
1. Privacy Policy
We may collect, store, and use the name and email address (“Personal Information”) you provide us with in connection with use of the Content until you revoke your consent. You will keep your personal information up to date, otherwise you may not receive the full benefit of use of the Content.
We may use Personal Information to:
- administer our programs, including the management of your account;
- provide generalized marketing and demographic information to our partners, and prospective partners;
- refer your inquiries for treatment to one of our practitioners;
- communicate information and offers to you;
- understand and analyze our user needs, and preferences.
In providing the Content to you, we do not collect, transmit, or store your personal and health information as defined by Ontario’s Personal Health Information Protection Act, 2004. If we store personal information as defined by Canada’s Personal Information Protection and Electronic Documents Act, and Privacy Act, we do so in accordance with those laws, and ensure that all third party service providers to us who have contact with your user data comply with those laws as well.
2. Disclaimer
a. Availability of Content.
We provide the Content on an “as is” and “as available” basis. The Content may be temporarily unavailable from time to time for maintenance or other reasons. We may modify, suspend, disrupt any or all of the features and functionality of the Content, or discontinue all or any part of the Content at any time and without notice to you. We cannot guarantee that the Content or any of its components or Content will be accessible or functional in any particular place, or on any particular device or operating system. We will not be liable for any losses or damages that may result from any lack of availability.
b. Third Party Links.
You may find links to other websites or resources on the Content. We do not endorse any of these third party resources and do not control them in any manner. You acknowledge and agree that we are not responsible for the availability of such external websites or resources, and not liable for any content, advertising, products, or other materials on or available from such websites or resources. We will not be responsible or liable, directly or indirectly, for any actual or alleged damage or loss caused by or in connection with use of or reliance on any such content, goods or services available on or through any such website or resource.
c. Disclaimer of Warranties.
We make no warranties as to the Content, and expressly disclaim all warranties of any kind, whether express, implied, or statutory, related to the Content, including any warranty:
- that Content will meet your requirements;
- concerning the availability, accuracy, security, usefulness, timeliness, or Content of the Content;
- of title, non-infringement, merchantability, or fitness for a particular purpose;
- concerning the accuracy or reliability of the results that may be obtained from the use of the Content;
- that the Content will be valid, applicable, or advisable for use or application in your jurisdiction of use; and
- that your use of the Content will be secure, uninterrupted, or virus- or error-free.
d. Acknowledgements
You acknowledge and agree that the Content is not a diagnosis or treatment, is not a primary care setting, and your use of the content does not create a practitioner-patient relationship with us or any of our practitioners who may be involved in the Content.
e. Third Party Disclaimer.
We disclaim any and all liability for the acts, omissions, and conduct of any third party. Under no circumstances will we, our practitioners, officers, directors, employees, agents, licensors, or their respective successors and assigns, be liable to you for any injury, loss, damage, or expense arising in any manner whatsoever from:
- the acts, omissions, or conduct of any Third-Party; or
- any access, use, reliance upon, or inability to use any materials, content, goods, or services located at, or made available at, any website linked to or from the Content,
… regardless of the cause and whether arising in contract, tort, or otherwise. The limitations in this section apply even if we knew of or ought to have known of the possibility of such damages.
3. Limitation of Liability
Our aggregate liability, our officers, directors, employees, agents, licensors and their respective successors and assigns under these Terms is limited to direct damages only, to a maximum of the amount of fees paid by you to Urban Wellness for the Content in the 12 months before the event from which our liability arose.
We will not be liable for damages of any kind incurred in connection with your misuse of or reliance upon the Content, your loss or unauthorized disclosure of your password or access codes, or your inability to use the Content, regardless of the cause and whether arising in contract, tort, or otherwise.
4. Dispute Resolution
You and Urban Wellness attorn to the exclusive jurisdiction of the courts in Toronto, Ontario to resolve finally any dispute arising from or related to these Terms. These Terms are governed and interpreted by the laws of Ontario, and the federal laws of Canada which apply in Ontario.
5. General
a. Assignment.
You will not assign or otherwise transfer any of your rights and obligations contained in these Terms to any other person. We may freely transfer or assign any of our obligations.
b. Survival.
All provisions of these Terms, which by their nature should survives will survive termination of any use of or access to the Content.
c. Notice.
Unless otherwise expressly stated in these Terms, all notices from you to us must be in writing and sent to us at [email address] and all notices from us to you will be displayed on our website from time to time.
d. Vary Terms.
We reserve the right to vary these Terms at any time. Our new Terms will be displayed on our website. Each use of our website or the Content by you signifies your consent to the then-current Terms. It is your responsibility to check these Terms from time to time to stay abreast of changes.
e. Severability.
If any part of these Terms is unenforceable, the enforceability of any other part of these Terms will not be affected.
f. No Waiver.
If we choose not to enforce any right that we have against you at any time, then this does not prevent us from later deciding to exercise or enforce that right.